Daily Republican., 1887-12-12
FOURTH EDITION
oyer ana Terminer.

OpSucu tuih uOIutnH ~ ~ v CloCk 10
the purpose of taking up the case o.
Henry Riedel, Who sisnds indicted fol
the murder OF his v fs and son.
Riedsl was brought In conrt and
placed In the dock. Hts head is still
bsndazed. and his confinement In iAi
has given him the usual pallor, bat stii
he looks much bsiter than when he wal
arrsigned shortly after the murder.
His counsel. H. X. Ward. E.q.. pre-
sented q p - ths court stating
that the prisoner is not yet ready fol
trial, and has several very material vit.
nessos who are outside OF the juriidio.
tion Of the StaN; that their test mony Il
essential TO the defense, and that he
cannot 10 to trial safely without them
In view OF this fact. Mr.. Ward asked
that the case should be continued until
the February term.
He also said that the prisoner had
oniy been o resident OF this State about
six months, and is without friends, and
that As it was only recently that he had
learned of these DOE -rt sident wituesses,
he felt that IL would DO impossible fof
him to perform his duty TO the prisoner
" iihout them.
Tho application was opposed By At
torney General Blggs, who said that |,
was no secroi that tho defense In this
case would be insanity, es the killing
was admitted. TIE pfisoner has been
In this country over IL years, and II
Ihefe are ANY witnesses whose testi.
mopy can furnish any excuse for the
killing, the defense has certainly had
SUN cient time 10 secure their attend
sLoe. The pritoner was arrAiened fol
THE oslms three m months az %, nckins on 4
week, aud pleaded NOT guilty. He un'
derstood tha. some OF these witpes,es
rt side In the United States and others
In Germany, but the latter will avail
nothing.
IL the prisoner Is insane tho fact
should be proven by persons who knee o
hi IA In this county, and certainly the
OF persons residing In Ger
many could not avail hin In defense OF
y crime Committed eleven years after
be came to this county. There IL
already auoihsr capital case ready for
trinl ut the February term, and II
Q ems that oases OF this nature are
coming In thick aud fast. He also
tho additional foe. that the
ont OF n capital caso always
works TO the disAd vantage of the State
and Was therefore Of the opinion that
the sooner such casss were disposed OF
the better It Is for the ends oi Justice
rhis case has already been continued
from the September term, and uud or
nj tho circumstances he thought It
should DO triei and the matter disposed
OF Ut this term OF Court without further
Mr. Ward said thu. he would very
have tried ths case ct this
ter N. but !icunttances ever which be
b 81 no oontstl prevented him having
his wttnesses present or procuring taeir
testimony. He only learned OF these
witnesses about thirty days ago, ard
b ed made every effort to secure their AZ.
tendance bus without effect, aud II
you only be with the creates. reluc.
.noe that he would 20 ON trial without
them. In view OF these fActs, to the
Truth or which he presented an aida
Wit. he asked thnt the case should be
conttn ued until the February term.
The chief Justice said that in view OF
all the clroums stG u oes OF the case, and
tue friendless oou titlon OF the prisoner,
the court was very reluctant 10 orde I
Lae oAse TO be taken mp at this torn
he would, therefore. order that It be
until the February term, and
ut the suggestion Of the attorney gen.
eral "Wednesday, February 9Th, WAS
txed 40 the time lor trying the case.
The Superior Court Was then opened,
and the case OF Elizabeth Matthews, o.,
al, trading as Johu Matthews, W..
Garrett Smith. which was com
menced on Friday evening, was again
resumed, with Henry O. Conrad aud II.
II. Ward. Etq., for the plaintiff, Ind
Bradford & Vandrerift for the defense.
ln opening the onse to the jury Mr..
Oonfad sai1 that John Matthews, pIe.
vious u his death, bad sold q soda.
water fountain TO W. q. K Co.uuhoup.
who Was at that time engaged In the
drug business In this city, Tor $500,
with the understan ding that 1t shou Id
remain the property OF the plaintiff
until 1t WAS paid fer. When tho foun.
tain was bought, Colquhoun gave an
Old fountain valued NJ $lCO, with SlOO
oAeh, and six notes cf $50 each In pay
meut. Three OF the noies were paid
when Colqnhoun sold out his oeta ablish-
meut to Anderson q Smith, who After.
wards Eoid out 10 Garrett & Smith.
The three notes uupa!d, with interest
from April 6. 1883, amounts TO Sl92 Is,
Tor the recovery Of which this suit Is
brought.
Mr.. Conrad read the contrac. under
which tho fonntAia was bought, and IL
wac admitted as evidence without op-
posltion from the other side.
W. U. Il. Colquhoun was sworn, and
testified that he gave tho old fountain
a. sloO, With 800 cash and slx notes Of
80 each In payment for the new foun.
tain. He after wards paid three OF these
noies, leaving three unpaid. He said
THIS apparatus WAS sold with the other
fixtures 70 Anderson & Smith at the
time they bought his store.
On GROSS examin alton, he said the
three rotks had been Ienew cd BY other
notes when they became due, with the
Interest added. These notes y ore given
70 Mr.. Conrad, rs the attorney OF John
Mathews. The wi,ness did not inform
e Aedersou Il Smith at the time OF the
ss!e that there was anything duo on the
iouhtain, - he oonstdered that he
owned IL.
Gerritt s. Smith, Of the late firm Of
anderson q Smith, testified that he,
" nen Q member OF that fr,n, bought
JOG uhoun's drug store, and with 1t the
SOFA fountain. He after wards sue.
cseded the firm of Anderson g. Smith,
Thich wAs dissolved April 18th, 1885.
me soda fountain WAS repievlned by
re plaintiff, and he gave bonds and re.
aimed It, Is he did not believe that any
1ne had claim against the fountain.
dc had bought it with the other fix.
.ores In good faith and paid for II. The
afst intimation that he hAd of any thing
Oeing wrong was By O letter which he
.eoSiVsd :sos from hr. Conrad. April Sd,
Mr.. Conrad then offered the writ OF
tepleven In evidences and rested his
case.
IL c. Nandegritt, Eco, on behalf of
IN; defeGdant, moved for q non.suit on
.ha Rrnund thar M auIhanna haE hA..